Court refuses Planned Parenthood appeal in Texas

Updated 10:50 pm, Thursday, October 25, 2012

A federal appeals court has refused to grant another hearing to Planned Parenthood, clearing the way for Texas to assume full responsibility for health care of low-income women next week without clinics that previously provided almost half of those services and without federal funding.

"Today's ruling affirms yet again that in Texas the Women's Health Program has no obligation to fund Planned Parenthood and other organizations that perform or promote abortion. In Texas we choose life, and we will immediately begin defunding all abortion affiliates to honor and uphold that choice."

Planned Parenthood leaders said that the court's ruling doesn't change their dedication to women's health.

"The court's disappointing decision today agrees with the politicians in Austin who engineered this disaster. This ruling further dismantles family planning in the state simply because women trust Planned Parenthood for their Pap tests and birth control. This is shameful," Jeffrey Hons, president and CEO of Planned Parenthood Trust of South Texas, said in a statement. "Politics should never come between a woman and her health care, but in this decision, which conflicts with Supreme Court precedent, it appears it has."

In August, the 5th U.S. Circuit Court of Appeals said Texas could cut funding to Planned Parenthood's health centers, which in fiscal 2011 served 43 percent of Women's Health Program clients - about 50,000 low-income women - with health screenings and contraceptives.

The program now excludes clinics that are affiliates of abortion providers, even if those health centers don't terminate pregnancies.

Planned Parenthood affiliates sued and the federal government began phasing out its funding for the program on grounds that the exclusions violate federal law. Texas is fighting the federal decision. The state is assuming all program costs. Previously, federal funds - primarily through Medicaid - covered about 90 percent of costs.

Three federal judges on Thursday declined the health organization's petition for rehearing before a full 5th Circuit panel.

The new rules that exclude Planned Parenthood clinics are effective on Nov. 1.

Planned Parenthood clients who depended on free services through the Women's Health Program must now find new providers.

State health department officials have said they are working to ensure other health centers can absorb those patients.